Speak "Yes" To These 5 Veterans Disability Lawyers Tips

Veterans Disability Law

The law governing veterans disability is a broad field. We will work to help you get the benefits you are entitled to.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that arise during military service or aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay, as well as training, and other terms, conditions of employment, and rights.

Appeals

Many veterans are denied benefits or have a low disability rating when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit to support your appeal and assist you create a compelling argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't agree with the decision. You don't have to list all the reasons why you are not happy with the decision, just the ones that are relevant.

Your NOD can be filed within one year from the date of the unfavorable decision that you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will be assigned a time for your hearing. It is crucial that your attorney attend the hearing with you. The judge will review your evidence and make a final determination. A good lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and is the result of or worsened due to their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation according to their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing claims and collect the necessary medical records, other documents and fill out the required forms, and veterans disability lawyer keep track of the progress of the VA.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements on the percentage evaluation or disagreements about the date of effective of an evaluation. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to help them prepare for civilian jobs or to be able to adjust to a different profession when their disabilities keep them from working in a meaningful way. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated through military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their duties. This could include changes to job duties and modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nation-wide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans Disability lawyer to choose between five different paths to a job. These include reemployment with the same employer, rapid access to employment, self-employment and work through long-term service.

Employers can inquire whether they require any accommodations in the hiring process, including more time to take a test or permission to give verbal instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers that are concerned about discrimination against disabled veterans disability law firm should consider holding training sessions for all employees to increase awareness and enhance understanding of veteran concerns. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person's medical history and prevents harassment or retaliation because of disability. The ADA defines disability as a condition that significantly hinders one or more major life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA excludes certain ailments that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodation causes undue hardship for the contractor. This includes altering the equipment, offering training and transferring responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice that are specially designed for those with limited physical strength.